TOWN OF PAWLING
PLANNING BOARD
July 05, 2016
Page 1
PRESENT: George Brehm Chairman, Eric Paulson, Dr. Thomas Bloom, Amie Rennolds, Aaron Cioppa and William Vollmer.
EXCUSED: Jay Erickson
ALSO PRESENT: Andy Learn P.E. from the firm of Morris Associates
CONTENTS: The Meadows of Pawling (Site Plan and Subdivision), Daryl’s House (Site Plan) Minutes, and New Business.
There were four (4) people in the audience.
Chairman Brehm opened the meeting at 7:00 p.m. and then led the salute to the flag.
THE MEADOWS OF PAWLING
Further Discussion/Site Plan and Re-Subdivision
Formerly Known as the Estates of Mission Hills
West Dover Road
Pawling, NY 12564
Grid Number: 134089-6957-00-351942, 134089-6957-00-694937, 134089-6957-00-975930
134089-6957-00-018928, 134089-6957-00-932944, 134089-7057-00-021882, 1340896957-00-963899, 134089–7058-00-122061, 134089-7057-00-094957
Mr. Ethan Lazar, landowner, Mr. Peter Cris from the firm of Phoenix Marketing, and John Watson P.E.
Vice President from the firm of Insite Engineering were present.
Chairman Brehm said the property is located at West Dover Road. The proposed project consists of 41
residential lots and a club house, in a clustered layout with access to the lots via a private road from West
Dover Road. Private water and waste water treatment facilities are proposed to serve the residences.
Mr. Watson began by saying they have been working on revisions to the overall plan sets. Several
important items have been addressed. The trees outlined in Mr. Kozlowski report were surveyed, and then
located on the site plan. Each tree was evaluated by Insite Engineering office to determine whether or not
individual trees could be saved. Twenty two (22) of the located trees (including the 9 trees collectively
labeled as #18, along with #10 and #12) are proposed to be saved. Due to the tree locations within the cut
and fill areas that could not be adjusted without creating a greater land disturbance or other impacts, 17 trees
of the 31 trees cannot be saved. As far as the Bog Turtle Phase 11 study, Insite Engineering sent staff out
onsite with Mr. Jason Tesauro. No Bog Turtles were found and a report was provided to the Town’s Planning
Board.
Chairman Brehm asked if the cluster of six cedar trees will be saved?
Mr. Watson explained the cluster of six cedar trees are outside of the area of land disturbance. He
went on to illustrate the paved walking trail provided along the subdivision road from the Clubhouse to the cul
de sac.
Chairman Brehm said following review of the plan set, additional areas where 2(H): 1(V) slopes of the
swale adjacent to the sidewalks had existed. A majority of these swales have been revised, nonetheless, a few
locations remain. He suggested these few remaining locations be updated on the plan sets.
Town of Pawling Planning Board
Minutes, July 05, 2016
Page 2 of 7
Mr. Learn said Insite Engineering requested a list of waivers outlined in a memorandum dated October
19, 2015. If acceptable by the Board these waivers requested should be granted by Motion.
 Maximum road length.
 Open ditches exceeding 6%.
 Location of trees 8 DBH or more.
In addition, it was noted that the location of guiderails should be shifted for installations between the edge of
the road pavement and the proposed roadside ditches to prevent vehicles from entering the ditches posing a
hazard to vehicles. Morris Associates feels this change must be on the plans.
Mr. Watson clarified with Mr. Learn the exact locations, for placement of additional guiderails, going
uphill along the roadways curve and where grades along the shoulder could pose a hazard, prior to making
updates to the plan set.
Mr. Learn said the individual driveway culvert should be evaluated to ensure adequate cover over the
pipe is provided according to typical manufacturer loading requirements. Additionally many of the driveway
culverts are larger than the depth of the corresponding roadside ditches. If the culvert sizes indicated are to
remain, this will require the ditches to be deeper than the minimum indicated on the plans and will result in
the ditches extending outside the proposed road right of way. These locations are required to be identified on
the plans, and drainage easements be provided to allow future maintenance by the Homeowners Association.
Mr. Watson explained they have been working with Dutchess County Water and Waste Water
Authority on formation of the Transportation Corporation for the central water and sewer system.
Subsequently, if DCWWA becomes the Transpiration Corporation, they require specific standards for the type
of equipment installed.
Mr. Learn said documentation should be provided indicating the process has begun to demonstrate a
backup entity has been established for the water and sewer systems prior to the Board’s consideration of
preliminary subdivision approval.
Mr. Watson explained the status of the NYSDEC SPDES General Permit for Stormwater Discharges from
Construction Activities and Dutchess County Department of Health approval of the proposed sewage disposal
and water supplies facilities remain an incomplete application. They are expecting a comment letter from
both departments within the next three (3) to (4) months.
Dr. Bloom asked two questions, where is the access point off of West Dover Road (County Road)
located and have discussion begun on acquiring approvals from Dutchess County Public Works?
Mr. Watson responded they have not spoken or submitted any plans to the DCPW on access. There
was an access approval for the former subdivision Estates of Mission Hills from the DCPW.
Mr. Learn responded that in addition to the site access, the applicant must obtain approval for the
proposed discharge piping from Basin 1.5P within the right of way of West Dover Road.
Chairman Brehm said the Planning Board is requesting a cost analysis on the projected Homeowners
Associations monthly fees, which shall include operation and maintenance of the entire developments swales,
stormwater infrastructure, mowing, central water and sewer facilities, underground fire protection tanks,
clubhouse, lighting, landscaping etc. The Board has concerns on the feasibility to sustain the cost of a 41 lot
subdivision.
Mr. Cris explained they are currently working on putting a projected operation and maintenance cost
analysis together.
Town of Pawling Planning Board
Minutes, July 05, 2016
Page 3 of 7
Chairman Brehm explained required parking spaces for the clubhouse have not been calculated or
shown on the plans. This remains an open item. In addition, will the applicants provide extra parking spaces
to accommodate the residents when homeowner are having parties? The only parking spaces provided
throughout the development are within the individual homeowners lots.
Dr. Bloom explained his opinion, the Town of Pawling should not get coerced into having to take over
the central water and wastewater system. If these systems fail or become too expensive for a 41 lot
subdivision, the people of the community should not have to incur this expense.
Mr. Learn said DCWAA agreed to be back up entity. The only approval necessary by the Town Board is
to formally accept the DCWAA as the Transportation Corporation.
Mr. Watson responded the Town of Pawling has stated they do not seek to become a backup entity for
The Meadows of Pawling subdivision. They have been working with Dutchess County Water and Waste
Water Authority as the backup entity. The difference is the DCWWA has a higher standard on the quality of
installed equipment opposed to a private developer. They look for long term reliability.
Dr. Bloom said the Planning Board’s judicial duty is to ensure the Town of Pawling does not have to
take over operation and maintenance of the central water and waste water, swales, stormwater infrastructure
etc in the future for this subdivision. The operation and maintenance of the central water and sewer system,
swales, landscaping, club house etc will result in an expensive monthly fee for the Homeowners.
Chairman Brehm said referring to Dr. Blooms point, the Board must take into consideration if the HOA
fails, the Town of Pawling will have to form a “Special District” to cover the cost of operation and
maintenance. He does not believe the Town of Pawling seeks to obtain formation of “Special Districts”.
Dr. Bloom said the Planning Board along with the Town Attorney will have to review the Homeowners
Association prior to acceptance. The Board can request specific items on operation and maintenance to
ensure no long terms problems arise for the Homeowners Association.
Mr. Lazar said the Homeowners Association documents have to be approved by the Town and then
filed with New York State, Attorney General’s Office.
Mr. Watson said their ideas for street lighting has changed. Originally they had proposed solar foot
lighting along the walking paths. Currently, the lighting proposal includes lamp posts to be hard wired, and
placed at the end of individual driveways, providing clean path lighting.
Mr. Lazar explained the system will provide security lighting. The individual homeowners will not be
able to control the lamp post at the end of their driveway, the system will be installed on a centralized control
panel.
Mr. Learn responded on the information to be submitted on a photometric plan. The isophotometric
contours meeting minimum illuminance standards per AASHTO should be included on the plan set. In addition
the location of all proposed type of lighting, lamp post design and wattage should be indicated on the plans.
The lamp styles must be downward directed shield compliant.
Ms. Rennolds said lighting should be installed along the road curve, for the reasons these areas consist
of steep elevations.
Mr. Watson asked if the Board could take action on the waivers summarized in the October 19, 2015
memorandum.
Mr. Learn reviewed with the Board the itemized waivers requested.
Town of Pawling Planning Board
Minutes, July 05, 2016
Page 4 of 7
Motion by Mr. Cioppa to grant the waiver of requirement per Town Code Section §A2330-24.F.2
Blocks, shall not exceed 2,200 feet. The road length waiver shall not to exceed 2,990 linear feet.
Second by Mr. Paulson. Chairman Brehm asked for discussion.
All were in favor and the Motion carried.
Motion by Mr. Paulson to grant the waiver requirement per Town Code Section §A230-10.B.5.e
General Requirements for the location of trees 8” or more dbh. The Board accepts Ted Kozlowski, arborist
report identifying the trees to be saved. Insite Engineers has completed a tree survey illustrating specimen
tree locations for preservation.
Second by Mr. Cioppa. . Chairman Brehm asked for discussion.
All were in favor and the Motion carried.
Motion by Mr. Cioppa to grant the waiver requirement per Town Code Section §A229-27.A Open
Ditches for the culvert and catch basins and grade of an open ditch exceeding 6%.
Second by Mr. Vollmer. Chairman Brehm asked for discussion.
Roll call.
Mr. Cioppa, aye.
Mr. Paulson, aye.
Ms. Rennolds, aye.
Mr. Vollmer, aye.
Dr. Bloom, aye.
Chairman Brehm, nay.
Mr. Erickson, excused.
Motion by Mr. Cioppa to accept Jason Tesauro “Phase 11 Bog Turtle” report.
Second by Mr. Vollmer. Chairman Brehm asked for discussion.
All were in favor and the Motion carried.
DARYL’S HOUSE
130 Route 22
Pawling, NY 12564
Grid Number: 134089 -7055 - 00 -496975
134089 -7055 - 00 -522966
Further Discussion/Site Plan
Chairman Brehm said he spoke with Mr. Robert Marvin Esq. Mr. Marvin verbally requested Daryl’s
House be adjourned until the July 18, 2016 Planning Board meeting. He explained the project status, to
expand the back fence and parking lot area. The applicants do not have adequate driveway access footage to
enter the back lot on the North side of the property. Currently, they are revising the plans to develop access
using the South side of the lot. In addition, they remain in negotiation with Mr. Jason Maxwell on terms of a
lease agreement. Chairman Brehm has placed Daryl’s House on every agenda to keep this project moving
forward.
Motion by Cioppa to grant Daryl’s House an adjournment until the July 18, 2016 Planning Board
meeting.
Second by Mr. Vollmer. Chairman Brehm asked for discussion.
Town of Pawling Planning Board
Minutes, July 05, 2016
Page 5 of 7
All were in favor and the Motion carried.
Chairman Brehm explained during his conversation with Mr. Marvin, it was fleshed out that Mr. Ivan
Spires had decided to apply for 2017 Outdoor Concert Series approvals.
Mr. Cioppa said he has concerns with placing Daryl’s House on every agenda. The applicants
continually ask for an adjournment at every meeting. They have not acquired Site Plans for the restaurant
and live music venues. He recommended as a Board this matter be addressed.
Dr. Bloom suggested the Board postpone Daryl’s House until September 06, 2016 meeting. This will
allow the applicant’s time to finalize a complete site plan for the Board’s review. He understands the Board
has been trying to work with Daryl’s House. Nonetheless, they continue not to work with the Board by means
of not providing plan submissions or attending Board meetings. He felt Chairman Brehm should write a follow
up letter, on behalf of the Planning Board requesting they submit definitive plans by September 06, 2016.
Ms. Rennolds said the Planning Board continually encourages Daryl’s House to submit plans in order
for the Board to come to an end with the planning procedural process reaching an approved Site Plan. The
sad part of this application, is the scuttle buff, where it is stated the Town of Pawling does not want to provide
approvals to Daryl’s House. They bring interesting musicians, great music and the public does not know the
Town’s Planning Board has been encouraging them to submit appropriate documentations. The Site Plan
process is being held up by the applicant not the Town.
Motion by Mr. Cioppa that Chairman Brehm writes a follow up letter, on behalf of the Planning Board
regarding Daryl’s House Site Plan. The restaurant and live music venues Site Plan must be completed prior to
the Board processing an amended Site Plan for the proposed 2017 Outdoor Concerts Series.
Second by Dr. Bloom. Chairman Brehm asked for discussion.
All were in favor and the Motion carried.
MINUTES
Motion by Dr. Bloom to approve the Minutes of June 06, 2016 as read.
Second by Mr. Cioppa. Chairman Brehm asked for discussion.
All were in favor and the Motion carried.
NEW BUSINESS
Auto Zone
Zoning Board of Appeals referral of Area Variances
Chairman Brehm explained an initial review on the Auto Zone application has been completed by Mr.
Gainer. The applicant acknowledged that the Site Plan prepared includes the following non-compliances
pursuant to the Town Code:



Lot Area
Rear yard setback
reduction in front yard setback parking setback
Town of Pawling Planning Board
Minutes, July 05, 2016
Page 6 of 7


reduction in the number of parking spaces required
reduce the interior parking lot landscaping (islands/trees)
As the Board understands, only the ZBA may grant “variances” which would apply to the “Bulk” Regulations”
or “Use” requirements of the Code. And, as guided by the Board, the applicant has filed with the ZBA for the
“lot area” non-conformity. The Board should consider the “rear yard setback”, front yard parking setback and
reduction in the number of parking spaces as described in Chapter §215-34H (“waiver of improvement” in the
section “Off-Street Parking and Loading”).
Ms. Rennolds suggested the Board address the interior parking lot landscaping during Site Plan
procedural process.
Chairman Brehm said the Fire Marshal letter has been received. He has approved placement of the
building layout configuration providing adequate travel distance exceeding 150 feet to the building for
emergency equipment.
Ms. Rennolds said by referring the applicants to the ZBA to complete acquiring the necessary area
variance, the Planning Board will not be holding up the applicants from continuing with their Site Plan
application. Both Boards can work simultaneously with the applicants to move the project forward. There is
no other method for the applicants to get relief from the Town code. She suggests the Board make the
additional area variances referral this evening.
Motion by Chairman Brehm that the Planning Board refer the Bulk Regulation Front yard parking
setback, Rear yard setbacks and reduction in number of parking spaces required to the Zoning Board of
Appeals
Second by Dr. Bloom. Chairman Brehm asked for discussion.
All were in favor and the Motion carried.
Castagna PDD Zoning Amendments
Councilman DeRosa said the Planning Board members were provided the revised §215-36 Planned
Development District ordinance to read and make comments on the final review. It is important for the Board
members to understand the ordinance, they will be working with during future Castagna PDD phases. It will
be this Boards jurisdictive duty to review these applications. Therefore, Councilman DeRosa and other Town
Board members felt it was important for the Board to take one last review.
Ms. Rennolds read the comments provided to the Board by Mr. Erickson.
Mr. Erickson commented on the definition for “Land Area Net”. He questioned if the definition should
include language to read any other applicable law or regulations.
Following discussion the Board concurred not to revise the language. They explained how an applicant
is responsible to address many sections of the Town Code that cover Mr. Erickson’s suggested language.
Ms. Rennolds continued reading Mr. Erickson’s comments §215-36 A.1.d, support seniors and
opportunities for the community. He asked what does opportunities mean?
The Board suggested the language could be revised to read and other opportunities. They too felt
this was an excellent question. What does opportunities mean?
Town of Pawling Planning Board
Minutes, July 05, 2016
Page 7 of 7
Councilman DeRosa said the original intent of the Planned Development Districts was to embrace both
the Town and Village communities. The PPD zone creates opportunities for people living in the Village and
Town (i.e. employment, shopping, offices etc.)
Ms. Rennolds read the comment section §215-36.C.1.a The minimum area requirement to qualify for a
Planned Development District (PDD) shall be 150 contiguous acres of gross land area. Public roads shall not be
deemed to divide acreage for this purpose. He asked if we are changing this gross should we change the acres.
150 > 200?
Following discussion, the Board concurred no cap should be placed on gross land area.
Ms. Rennolds continued onto the next comments for the Boards review by Mr. Erickson, §215-36 .E. 4
Protect the visual environment through high-quality architecture and attention to aesthetics, scale and community
character. Create a Route 22 greenway and minimize strip commercial development north of the village through the
contribution of $1 per gross square foot for the additional commercial development beyond 5% of the land area
total permitted FAR. This financial contribution is to be set aside in a special fund to enhance the landscaping,
signage and lighting of the Route 22 corridor, including the potential for sidewalks, bicycle paths and conservation
areas. The revenue from this special fund shall be used for the preservation and conservation of Route 22, including
the area north of the Village of Pawling, so that retail development or commercial development of any kind is
discouraged in this area of the Town. Such funds may be used to buy conservation or scenic easements,
development rights or land. Fund revenues may also be used for landscape enhancements, signage, new lighting and
pedestrian/bicycle paths. The one time financial contribution of $1 per gross square foot of additional commercial
development shall be collected by the Town upon the grant of certificate of occupancy for the additional square
footage permitted as the result of this special permit.
Mr. Erickson asked, doesn't this create a strange incentive for the town to give a permit for > 5% FAR
commercial? Why not get contributions to a greenway effort in a different / more up front way?
The Board and Councilman DeRosa discussed the original PDD and why the financial contribution was
established. The land along the Highway Business North is environmentally sensitive, at the time the Town
had planned on purchasing these parcels for the reason they cannot be built upon. In additions they discussed
at length the commercial, office/industrial and retail percentages, above the 5% percentages. The ordinance
as written can allow the Town to consider walking/bike paths to connect Castagna Commerce Park to and
from the Town and Village in the future.
The Board concluded by thanking Mr. Erickson for his time reviewing the final draft of the PDD Zoning
Amendments ordinance and felt they would like to discuss his comments, at a future meeting.
ADJOURNMENT
On a Motion by Dr. Bloom and second by Mr. Vollmer to adjourn the meeting at 8:45p.m. All were in
favor and the meeting was adjourned.
Respectfully submitted
JoAnne Daley
Recording Secretary
non-approve minutes